Second lawsuit filed in RISD trustee election
By Christopher Maher
A second candidate for the Robstown Independent School District Board of Trustees has filed a lawsuit contesting the results of the Nov. 4 election, alleging identical mistakes in counting votes and assigning voters to precincts.
Joey Rodriguez, who was defeated for the RISD Place 5 seat by incumbent Adolfo Lopez, filed his suit in district court on Dec. 10, one week after a nearly identical suit was filed in the Place 4 race.
Lopez defeated Rodriguez by 543 votes, but Rodriguez alleges in his suit that 1,021 "under votes" or ballots in which individuals voted for other races, but not the RISD race, were cast. Those under votes were the result of "mistakes, illegalities and irregularities" in the election, Rodriguez stated in his suit.
Rodriguez's suit was submitted on his own behalf, but it is nearly identical in wording to a suit filed by Victor Orona, which was prepared and filed by Orona's attorney, Phil Westergren.
Orona filed that lawsuit against his challenger, Pablo Avila, in the 319th District Court December 2. Avila defeated Orona on Nov. 4 by a total of 1,615 votes to 1,493.
According to court documents, Orona alleged, "numerous" voters in Nueces County were "hindered or obstructed from voting or were disallowed to vote in the election for Robstown Independent School District Place 4."
In some instances, the suit stated, individuals who had always voted in the school board election were placed in precincts outside the district without their knowledge. In other instances, because of an alleged error in the voting machines, voters who chose to vote a straight ticket were never given the option of voting in the school board race, in which candidates are not divided by political parties.
That suit also stated that a total of 1,076, or 25.72 percent, under votes were recorded in the RISD Place 4 race. Those under voters were a result of mistakes in the election, the suit alleged.
Rodriguez's lawsuit includes those same allegations, as well as identical affidavits from Sofia Molina, Liza De Los Santos, Erlinda Torres, Magdalena Medrano and Veronica Mayorga alleging they were prevented from rightfully voting in the RISD election. Rodriguez's lawsuit includes an additional affidavit from Diana Morales also alleging problems with the electronic voting machines.
On Tuesday, Lopez said he was disappointed with the new litigation.
"Personally, I think this is uncalled for," Lopez said. "The people have spoken. When do we say, 'Enough is enough,' and respect what the people want?"
On Dec. 11, Avila filed an answer to Orona's suit in which he objected to the assignment of a Nueces County judge and requested a special judge be assigned to the case. Avila also issued a general denial of all of the claims listed in Orona's original petition.
On Monday, RISD Superintendent Roberto Garcia addressed allegations made by Avila that Garcia assisted in preparing some parts of Orona's lawsuit.
Avila had singled out an affidavit from Erlinda Torres, notarized by Garcia's secretary, Irma Padilla, and included with Orona's lawsuit, in which Torres alleged she was prevented from voting in the school board election. Avila also said he was surprised to be served the notice of the lawsuit at his workplace, because Garcia had called him the week prior to the lawsuit specifically to obtain his work address and phone number. Avila said he believed Garcia had involved himself in the lawsuit because Avila had campaigned with board members who openly advocated the removal of the superintendent.
On Monday, Garcia said the suit had nothing to do with the district, and he had not taken any role in the litigation.
"I respectfully disagree. The school district is not the only one who knows where he works," Garcia said. "When I asked him for that information, it was because we always update our board member list."
Garcia also defended his secretary's actions in notarizing Torres' affidavit.
"Mrs. Padilla is highly professional and has worked for the district for many years," Garcia said. "She doesn't pick or choose who she notarizes for. It's common practice.
"(Torres) works here in our central office, and she just came to (Padilla)."
Joey Rodriguez, who was defeated for the RISD Place 5 seat by incumbent Adolfo Lopez, filed his suit in district court on Dec. 10, one week after a nearly identical suit was filed in the Place 4 race.
Lopez defeated Rodriguez by 543 votes, but Rodriguez alleges in his suit that 1,021 "under votes" or ballots in which individuals voted for other races, but not the RISD race, were cast. Those under votes were the result of "mistakes, illegalities and irregularities" in the election, Rodriguez stated in his suit.
Rodriguez's suit was submitted on his own behalf, but it is nearly identical in wording to a suit filed by Victor Orona, which was prepared and filed by Orona's attorney, Phil Westergren.
Orona filed that lawsuit against his challenger, Pablo Avila, in the 319th District Court December 2. Avila defeated Orona on Nov. 4 by a total of 1,615 votes to 1,493.
According to court documents, Orona alleged, "numerous" voters in Nueces County were "hindered or obstructed from voting or were disallowed to vote in the election for Robstown Independent School District Place 4."
In some instances, the suit stated, individuals who had always voted in the school board election were placed in precincts outside the district without their knowledge. In other instances, because of an alleged error in the voting machines, voters who chose to vote a straight ticket were never given the option of voting in the school board race, in which candidates are not divided by political parties.
That suit also stated that a total of 1,076, or 25.72 percent, under votes were recorded in the RISD Place 4 race. Those under voters were a result of mistakes in the election, the suit alleged.
Rodriguez's lawsuit includes those same allegations, as well as identical affidavits from Sofia Molina, Liza De Los Santos, Erlinda Torres, Magdalena Medrano and Veronica Mayorga alleging they were prevented from rightfully voting in the RISD election. Rodriguez's lawsuit includes an additional affidavit from Diana Morales also alleging problems with the electronic voting machines.
On Tuesday, Lopez said he was disappointed with the new litigation.
"Personally, I think this is uncalled for," Lopez said. "The people have spoken. When do we say, 'Enough is enough,' and respect what the people want?"
On Dec. 11, Avila filed an answer to Orona's suit in which he objected to the assignment of a Nueces County judge and requested a special judge be assigned to the case. Avila also issued a general denial of all of the claims listed in Orona's original petition.
On Monday, RISD Superintendent Roberto Garcia addressed allegations made by Avila that Garcia assisted in preparing some parts of Orona's lawsuit.
Avila had singled out an affidavit from Erlinda Torres, notarized by Garcia's secretary, Irma Padilla, and included with Orona's lawsuit, in which Torres alleged she was prevented from voting in the school board election. Avila also said he was surprised to be served the notice of the lawsuit at his workplace, because Garcia had called him the week prior to the lawsuit specifically to obtain his work address and phone number. Avila said he believed Garcia had involved himself in the lawsuit because Avila had campaigned with board members who openly advocated the removal of the superintendent.
On Monday, Garcia said the suit had nothing to do with the district, and he had not taken any role in the litigation.
"I respectfully disagree. The school district is not the only one who knows where he works," Garcia said. "When I asked him for that information, it was because we always update our board member list."
Garcia also defended his secretary's actions in notarizing Torres' affidavit.
"Mrs. Padilla is highly professional and has worked for the district for many years," Garcia said. "She doesn't pick or choose who she notarizes for. It's common practice.
"(Torres) works here in our central office, and she just came to (Padilla)."
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Reader Comments
The following are comments from the readers. In no way do they represent the view of recordstar.com.
Momma of a Future Wildcat wrote on Dec 20, 2008 6:00 AM:
" Man I swear Robstown is one big joke. Don't get me wrong I grew up here, went to school, and graduated from here. But my children will not attend Robstown schools.
This is ridiculous how grown men behave like this. Rodriguez, Orona get over it, the people have spoken and you lost. Garcia, you are a sorry excuse for a superintendent, and an even sorrier excuse for a human being.
This is a perfect example of why our kids leave the district, people laugh at us, and people such as myself are embarassed to acknowledge we are from Robstown.
People who refuse to admit there is a problem with this town, are just as sad and ignorant as Mr. Rodriguez, Mr. Orona, and Mr. Garcia. "
This is ridiculous how grown men behave like this. Rodriguez, Orona get over it, the people have spoken and you lost. Garcia, you are a sorry excuse for a superintendent, and an even sorrier excuse for a human being.
This is a perfect example of why our kids leave the district, people laugh at us, and people such as myself are embarassed to acknowledge we are from Robstown.
People who refuse to admit there is a problem with this town, are just as sad and ignorant as Mr. Rodriguez, Mr. Orona, and Mr. Garcia. "
Proud RISD Parent wrote on Dec 21, 2008 5:12 PM:
" Such hatred. As a parent, it is your right to send your child to any school you want but don't put down our kids, the ones that go to Robstown ISD. We have kids that are in honors programs and/or have overcome obstacles you can't imagine and they are proud to be from Robstown. They don't need to read such negative talk from negative people. As a parent and educator, I've held my tongue while reading ignorant people's comments. Where is the praise when you see an article like the one in this issue about the new aeroscience program, huh? If this is what you all show your kids?...if this is what 'your' kids listen to everyday coming out of your mouth, then fine, take them elsewhere because we don't need any of that negativity here. Thank you and have a good day. "
Same everywhere wrote on Dec 23, 2008 5:23 PM:
" Momma of a future Wildcat.....
lol sorrier that is not even a word. I have heard of sorrily which is an adverb and sorriness which is a noun but never sorrier lol.
Now, I grew up in Robstown, went to school there and graduated from Robstown. I know live a few miles away in Tuloso Midway and it is the same everywhere. In every school you are going to have child like behavior. Only Robstown seem to publize it.
If you don't want your kids going to any Robstown school that is totally up to you. BUT do not critize Robstown ISD either. You do not have the right too. "
lol sorrier that is not even a word. I have heard of sorrily which is an adverb and sorriness which is a noun but never sorrier lol.
Now, I grew up in Robstown, went to school there and graduated from Robstown. I know live a few miles away in Tuloso Midway and it is the same everywhere. In every school you are going to have child like behavior. Only Robstown seem to publize it.
If you don't want your kids going to any Robstown school that is totally up to you. BUT do not critize Robstown ISD either. You do not have the right too. "
observer wrote on Dec 19, 2008 9:23 PM: